Jeet Ram vs Himachal Pradesh State Forest Corporation and The Divisional Manager, State Forest Corporation, Forest Working Division, Solan, Himachal Pradesh

Justice Rajiv Sharma, Judge

Petitioner was engaged as Timber Watcher on 1st March, 1978 on daily wage basis. He was not considered for regularisation though similarly situate persons, namely, Ram Singh and Padam Dev were regularised vide Annexure A-1 on 31st July, 1984. Petitioner was regularised as Timber Watcher on 17th January, 1998. Mr. Manohar Lal Sharma, learned counsel for the petitioner has strenuously argued that the petitioner fulfilled all the requirements as per Recruitment and Promotion Rules and his case was required to be considered for promotion/appointment at par with Ram Singh and Padam Dev with effect from 31st July, 1984.

Mr. Shashi Shirshoo, learned counsel for the respondents has vehemently argued that since the petitioner was not possessing the essential qualification of middle standard, his candidature could not be considered at par with Ram Singh and Padam Dev.

I have heard learned counsel for the parties and gone through the pleadings carefully.

The petitioner has placed on record the copy of middle standard certificate at page 52 of the paper book. Petitioner has passed the middle standard examination in the year 1978. Mr. Manohar Lal Sharma, learned counsel for the petitioner has argued that the petitioner has submitted the same at the time of his engagement on daily wage basis, but the same has been overlooked. According to Mr. Shashi Shirshoo, learned counsel for the respondents, the middle standard certificate for the first time has been placed on record by the petitioner on 24th September, 1996 and thereafter he was regularised on 17th January, 1998. The contention of Mr. Shashi Shirshoo that the petitioner has supplied the copy of middle standard certificate for the first time in 1996 cannot be believed. Since the petitioner was possessing the middle standard certificate, there was no occasion for him not to bring the same to the notice of the respondents. There is no dispute about the validity of the middle standard certificate issued in favour of the petitioner by the H.P. Board of School Education. Thus, the petitioner was possessing the requisite qualification prescribed under the Recruitment and Promotion Rules for promotion/appointment to the post of Timber Watcher, i.e. middle standard. In view of this, the case of the petitioner was required to be considered for promotion/appointment at par with Ram Singh and Padam Dev with effect from 31st July, 1984 instead of 17th January, 1998. Consequently, in view of the observations and discussions made hereinabove, the petition is allowed. Respondents are directed to consider the case of the petitioner for promotion/appointment at par with Ram Singh and Padam Dev with effect from 31st July, 1984 instead of 17th January, 1998. The petitioner shall be entitled only to seniority and not for any arrears of salary. The needful be done within a period of four weeks from the date of production of a copy of this judgment by the petitioner. The pending application(s), if any, also stands disposed of. No costs.